Gujarat High Court
Karabhai Hardasbhai vs State Of Gujarat on 15 January, 2026
NEUTRAL CITATION
C/FA/4526/2025 JUDGMENT DATED: 15/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4526 of 2025
With
R/FIRST APPEAL NO. 4527 of 2025
With
R/FIRST APPEAL NO. 4528 of 2025
With
R/FIRST APPEAL NO. 4529 of 2025
With
R/FIRST APPEAL NO. 4530 of 2025
With
R/FIRST APPEAL NO. 4531 of 2025
With
R/FIRST APPEAL NO. 4532 of 2025
With
R/FIRST APPEAL NO. 4533 of 2025
With
R/FIRST APPEAL NO. 4534 of 2025
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R/FIRST APPEAL NO. 4535 of 2025
With
R/FIRST APPEAL NO. 4536 of 2025
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R/FIRST APPEAL NO. 4537 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
✔
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KARABHAI HARDASBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
N R MEHTA(7794) for the Appellant(s) No. 1
VIKAS V NAIR(7444) for the Appellant(s) No. 1
MS.HIMANI SHAH, AGP for the Defendant(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 15/01/2026
ORAL JUDGMENT
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NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined
1. Since the issues raised in these appeals are similar, they are being decided by a common judgment. The facts of First Appeal No.4526 of 2025 are taken for the purpose of adjudication.
2. This First Appeal has been filed under Section 54 of the Land Acquisition Act read with Section 96 of the Civil Procedure Code, 1908, challenging the judgment and award dated 10.05.2018 passed by the learned Principal Senior Civil Judge, Lalpur at Jamnagar in Land Reference Case No.161 of 2006.
3. It is the case of the present appellant-original claimant that they are the owner of land bearing survey no.237/1 and 418/2 situated at Mouje: Karshanpur, Taluka:
Jamjodhpur, District Jamangar and for the purpose of Kabarka Irrigation Project the State Government sanctioned acquisition of the village Karshanpur, Jamjodhpur and therefore, notification under section 4 was published in the official gazette on 09.04.2005 and consequently, section 6 notification was published on 24.09.2005. The Land Acquisition Officers passed an award under section 11 of the Act on 17.11.2005 granting compensation at the rate of Rs.4.50 per sq.mtr. Page 2 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026
NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined Feeling aggrieved and dissatisfied by the said award, reference came to be filed under section 18 for enhancement of the compensation being Land Reference Case No.161 of 2006 before the learned District Court at Jamnagar. The said land reference case was subsequently transferred to the learned Senior Civil Court, Lalpur at Jamnagar and learned Court, vide order dated 10.05.2018, dismissed the reference preferred by the present appellant due to absence of the claimant and their advocate and has confirmed the award dated 17.11.2005 passed by the Land Acquisition Officer and the same is subject matter of challenge before this Court
4. Heard learned advocate Mr.Vikas Nair and learned AGP Ms.Himani Shah for the respondent-State. 4.1. Learned advocate Mr.Vikas Nair for the appellant, has submitted that due to default on the part of learned advocate for the claimant, the learned Reference Court has rejected the reference without examining the same on merits. It is submitted by learned advocate Mr.Vikas Nair that the claimant was never served with the notice issued by the Authority under section 9 of the Act. The notice by the reference court was issued on 16.12.2017 Page 3 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026 NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined and was served to the defendant on 28.12.2017 and the claimants have instructed the advocate to represent him in the reference proceedings before the learned Court. As the learned advocate failed to appear before the learned Reference Court and therefore, the stage of evidence of the claimant was closed on 14.03.2018 and thereafter, in absence of the parties to the proceedings, the Reference Court proceeded to frame issues involved therein and decided the case vide impugned judgment dated 10.05.2018. It is only when the claimant has approached the Reference Court with intent to inquire with regard to the status of the reference proceedings, the appellant came to have knowledge with regard to the impugned judgment and award and thereafter immediately on receiving the certified copies, the first appeal came to be filed before this Court on 25.01.2022 with application for condonation of delay. 4.2. It is submitted by the learned advocate Mr.Vikas Nair that as the concerned advocate did not remain present before the learned Reference Court, claimant would not claim the interest from the date of framing issue till filing of the present appeal. In view of the above, learned Page 4 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026 NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined advocate Mr.Vikas Nair prays to allow the present First Appeals by remanding the matter back to the learned Reference Court for deciding on its own merits. 4.3. Per contra, learned AGP Ms.Himani Shah appearing for the respondent-State, has vehemently opposed these appeals and submitted that though the learned Reference Court has issued notice, the claimant did not appear and lead their evidence to substantiate their claim and therefore, no error has been committed by the learned Reference Court in dismissing the reference due to absence of the learned advocate. In that background, it is prayed not to interfere with the impugned judgment and dismiss the present first appeals.
5. Having considered the arguments made by the learned advocates for the respective parties, it emerges from the record that while dismissing the reference, learned Reference Court had recorded that despite many years have been passed and sufficient opportunities were granted to the claimant to adduce the evidence, the claimant failed in availing such opportunities. In absence of the same, learned Reference Court has rejected the reference and upheld the amount awarded by the Land Page 5 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026 NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined Acquisition Officer at the rate of Rs.4.50/- per sq.mtr. of the land which was acquired by the Acquiring Body. 5.1. In the considered opinion of this Court, the adjudication of the reference petition filed before the Civil Court has to be regarded as an award within the meaning of Section 26 of the Land Acquisition Act, irrespective of the fact that enhancement of compensation came to be awarded or not. It is incumbent on the part of the Civil Court to consider the material on record, even if the party is absent and has failed to adduce evidence. It is to be noted that unless the material on record is considered and appreciated, the amount determined being the market value would not be specified in the award of the Reference Court as envisaged under Section 23(1) of the Act, 1894. It must include the amount awarded under the respective clauses of Sub-section 23 of the Act together with grounds of award. In the instant case, while dismissing the reference, the learned Court has committed an error in holding that compensation awarded at the rate of Rs.4.50/- per sq. mtr. by the Land Acquisition Officer is correct and genuine market value of the acquired land. Page 6 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026
NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined Instead of accepting the award, the learned Court should have undertaken the exercise to arrive at the conclusion that the amount determined by the L.A.O. would be just, proper and reasonable value for the land under acquisition. The Reference Court did not take stand to elucidate as to how compensation awarded by the L.A.O. was just, proper and reasonable. In such circumstances, the impugned judgment and award would not be construed as adjudication of the dispute within the ambit of law and the same cannot be treated as an award under Section 26 of the Act. The Court would not have jurisdiction to refuse for determination of the amount of compensation even where the claimant remains absent or where he is present but fails to adduce evidence. It is mandatory for the Civil Court to apply its Judicious mind and make an award under Section 26 of the Act. In that background, the impugned judgment and award passed by the learned Reference Court dismissing the reference application is required to be quashed and set aside.
6. Resultantly, these First Appeals are allowed.
7. The impugned judgments and awards are hereby quashed and set aside. Land Reference Cases are Page 7 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026 NEUTRAL CITATION C/FA/4526/2025 JUDGMENT DATED: 15/01/2026 undefined restored to its original files and remanded back to learned Court for deciding afresh on the basis of evidence, which may be adduced by both the parties.
8. It is clarified that the claimant would not claim the interest from the date of framing of issues till the filing of the appeal. This Court has not entered into the merits of the case. Reference shall be decided in accordance with the law on the basis of evidence.
(M. K. THAKKER,J) ARCHANA S. PILLAI Page 8 of 8 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:51:44 IST 2026